Judgment, Supreme Court, New York County, rendered July 14, 1976, convicting defendant, after a jury trial, of sale of a controlled substance in the third degree, affirmed. Defendant was indicted for two counts each of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh degree. At trial his defense was based on an alibi that he was visiting a friend and his aunt (both of whom testified) on the days the sales took place, and there was an intimation that the seller was not defendant, but a look-alike named Gary Brown. Defendant was acquitted of the February 20,1975 buy, but convicted of selling heroin on March 5, 1975. Prior to trial, defendant moved to preclude the People from using three prior convictions (all drug related) to impeach him during cross-examination, if he chose to testify. The basis of defendant’s objection as urged at this Sandoval hearing was that allowing defendant to be so cross-examined where the present charges are also drug related would be highly prejudicial to defendant. The court ruled that the prosecutor could question defendant about two convictions, one in 1969 and one in 1971 for possession of dangerous drugs, but prohibited questioning concerning a 1970 conviction for attempted possession of dangerous drugs. The dissent views this ruling as error. We disagree. It is acknowledged that "in the prosecution of drug charges, interrogation as to prior narcotics convictions * * * may present a special risk of impermissible prejudice” (People v Sandoval, 34 NY2d 371, 377). However, the key is to "determine whether and to what extent the particular defendant has met his burden, and it is his, of demonstrating that the prejudicial effect of the admission of evidence thereof for impeachment purposes would so far outweigh the probative worth of such evidence on the issue of credibility as to warrant its exclusion” (supra, p 378). At the outset it is observed that the fact that a defendant may specialize in one type of illegal activity, for example, drugs, does not ipso facto shield such defendant from having prior convictions used to impeach his credibility. To hold otherwise defies common sense and, in effect, serves to make the criminal specialist a member of a chosen class, free from the burden of having his credibility impeached for prior convictions relating to his specialized field of endeavor—a result not envisioned under Sandoval. There is no basis for concluding on this record that defendant was the only available source of testimony in support of his defense. Indeed, defendant’s decision not to testify did not affect the validity of the fact-finding process. Defendant’s alibi defense was conveyed to the
